Alexander Jonah McFarland Commits Suicide in Travis County, Texas Jail
The Travis County Sheriff’s Department, in Austin, Texas, filed a custodial death report regarding the death of Alexander Jonah McFarland. Mr. McFarland was only 31 years old at the time of his death. We provide information we obtained from that report, and we make no allegation of any wrongdoing against anyone.
The report indicates that Mr. McFarland was originally in Travis County jail custody at 10:12 p.m. on July 3, 2021. It also indicates that he passed away at 11:07 p.m. on July 17, 2021. The summary portion of the report reads in its entirety:
“On July 11, 2021 at approximately 1513 I was notified via TCSO Dispatch that CPR was in progress for an inmate in custody at the Travis County Correctional Complex located at 3614 Bill Price Road. I called the complex and spoke to Security Coordinator Denise Traylor who advised me that Austin EMS was on the scene giving CPR to an inmate that attempted suicide in Building 3, and they had been conducting CPR for a while. I responded to the Correctional Complex, and while I was en route, I received a message from dispatch at 1542 advising EMS got a pulse on the inmate. I called the Correctional Complex to confirm and was advised by Traylor that EMS obtained a pulse on the inmate and they were transferring him to the hospital. The inmate, Alexander McFarland, hanged himself inside his cell using his bed sheet as a ligature. The unit in which McFarland was housed had the inmates in single cells, and post visuals were conducted in 30-minute increments. The post officer who made the discovery at approximately 1455 was Officer V. Davis. She was conducting her counts during shift change. During her post visual she discovered McFarland appearing pale and nonresponsive in his cell. Officer Davis noticed a sheet tied around McFarland’s neck and his desk shelf. McFarland’s body was in a seated position against the wall next to his desk. Officer Davis pressed her stat alarm button and then other officers and staff members arrived and began life saving measures until relieved by Austin EMS. A pulse was obtained, and then McFarland was transferred to the hospital. I was informed on July 15, 2021 that McFarland was released from custody on July 14, 2021 at approximately 2047. McFarland had not been declared deceased, but he was not expected to survive. McFarland was kept alive by medical staff and machines to allow for organ procurement. McFarland was pronounced deceased on July 17, 2021 at 2307 hours by Dr. Jason Brocker.”
The report also indicates that Mr. McFarland exhibited mental health problems, but that it was unknown whether he made suicidal statements. However, since the summary indicates that Mr. McFarland was on 30-minute observations, he was likely housed in a portion of the jail in which inmates were likely exhibiting bizarre behavior, mentally ill, or potentially suicidal. The Texas Commission on Jail Standards (“TCJS”) requires that, for inmates known to be assaultive, potentially suicidal, mentally ill, or who have demonstrated bizarre behavior, observations be conducted at least every 30 minutes. Unfortunately, while it is certainly a good thing for the TCJS to have such a minimum requirement in place, it is wholly insufficient for anyone who is suicidal.
It takes as little as 3-7 minutes for a person to commit suicide through asphyxiation. Inmates typically use bedding, clothing, telephone cords, and other items in cells to form ligatures. Thus, if an inmate is observed only once every 30 minutes, the inmate can be deceased for 25 minutes if he or she commits suicide after an observation but before the next observation occurs. Therefore, the only logical observation for a suicidal inmate is continuous observation.
Our Texas civil rights law firm is handling a number of jail suicide cases. Unfortunately, we see the same things occurring over and over. We see situations in which jailers are aware that a person has suicidal tendencies and, nonetheless, fail to observe the person and allow the person to have in his or her cell items with which suicide can occur.
The 14th Amendment to the United States Constitution guarantees the right of people in Texas jails who have not yet gone to trial to receive reasonable medical care and mental health care, and to be protected from suicidal tendencies. If a violation occurs, and a person dies as a result, then certain surviving family members may have claims. These claims are filed pursuant to federal law, and they are very difficult to litigate. Thus, it is important that an attorney representing family members regarding such claims be fully aware of the legal standards that apply and be prepared to confront those in any lawsuit.
Dean Malone
Dean Malone